SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 April 2008
DOCKET NUMBER: AR20080000204
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. A quorum was present during the further consideration and deliberation. The findings appearing in proceedings dated
20 September 2007 were affirmed. The following additional findings, conclusions, and recommendations were adopted by the Board.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 20 September 2007.
Mr. Lester Echols
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Larry W. Racster
Member
The Board considered the following additional evidence:
Exhibit C Record of Proceedings dated 20 September 2007.
CONSIDERATION OF ADDITIONAL EVIDENCE:
15. On 7 December 2007 new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014006, dated 20 September 2007.
16. The applicant states that the original ABCMR decision did not provide relief of his request to backdate his effective date of promotion to major (MAJ)/O-4. It only backdated his date of rank (DOR). He further adds that when he concurred with the advisory opinion to backdate his date of rank, he did not know the legal difference between the date of rank and the effective date of promotion.
17. The evidence submitted consists of a self-authored letter, dated 7 December 2007. The applicant requests, in effect, adjustment of his effective date of promotion to major (MAJ)/O-4 from 20 October 2006 to 20 November 2005, the same as his date of rank (DOR), and restoration of back pay based on the corrected effective date of promotion.
18. On 30 January 2004, the Director, Army National Guard, National Guard Bureau (NGB), established promotion policy for mobilized ARNG officers for promotion to the grade of captain through colonel. This policy applied to all ARNG officers who had been selected for promotion by a mandatory promotion board. These officers may be promoted immediately when appointed in the State against a position of the higher grade the officer will occupy upon demobilization. This memorandum did not preclude mobilized officers from voluntarily delaying or declining promotion under the provisions of Army Regulation 135-155. When a mobilized officer is promoted against a position in the state, the officer must be assigned to the position immediately following demobilization and released from active duty. If, within 180 days following demobilization, an officer declined or was unwilling or unable to occupy the position against which the officer was promoted, or was unable to occupy any other position of the higher grade for which he/she was qualified, then the officer shall be transferred immediately to the IRR. Mobilized officers who reach their maximum time in grade (MTIG) and have neither delayed nor declined their promotion would be promoted whether or not assigned against a position of the higher grade.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
5. At the time of the decision of the ABCMR in Docket Number AR20060014006, dated 20 September 2007, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
6. The ABCMR's decision in Docket Number AR20060014006, failed to include the authorization to also amend the effective date of promotion to MAJ/O-4 and in effect, all back-pay and allowances when it adjusted the applicant's DOR from 20 October 2006 to 20 November 2005.
7. The applicant was selected for promotion to MAJ/O-4 by the 2005 RCSB with a promotion eligibility date of 20 November 2005. He was mobilized on active duty effective 18 March 2005. In January 2004, the Director, ARNG, NGB, established promotion policy for mobilized ARNG officers that allowed for officers who reached their MTIG and had neither delayed nor declined their promotion, to be promoted whether or not assigned against a position of the higher grade. Therefore, the applicant was eligible for promotion to MAJ/O-4 with a date of rank of 20 November 2005, his MTIG date, under this policy. The applicant was also eligible for promotion to MAJ/O-4 on his promotion eligibility date (PED) based on his placement on active duty for the purpose of mobilization, under this policy.
8. Therefore, the applicant is entitled to correction of his effective date of promotion to MAJ/O-4 and restoration of back pay based on the corrected effective date of promotion.
BOARD VOTE:
__le____ __jrs____ __lwr____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR AR20060014006, dated 20 September 2007, by:
a. amending Federal Recognition Orders Number 270 AR, dated 20 October 2006, to show that he was extended Federal recognition effective 20 November 2005 in the grade of major; and
b. showing the applicant is entitled to back pay and allowances as a MAJ/O-4 effective 20 November 2005.
Lester Echols
______________________
CHAIRPERSON
INDEX
CASE ID
AR EXAMPLE
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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Memorandum, Headquarters, US Army Reserve Command, dated 21 January 1997, promoting the applicant to MAJ effective 23 May 1996. c. Memorandum, US Army Human Resources Command – St. Louis, dated 2 March 2004, promoting the applicant to LTC effective 21 February 2004. d. Orders M-050-0004, Headquarters, 94th RSC, dated 19 February 2003, involuntarily mobilizing the applicant for 1 year effective 24 February 2003. e. Copy of 10 U.S.C. The advisory opinion points out that the applicant was...
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